| Introduction | Provisions of Central Excise Act, 1944 on Advance Rulings | Central Excise (Advance Rulings) Rules 2002 | Application Form | Index |
INTRODUCTION
AUTHORITY FOR ADVANCE RULINGS –CENTRAL EXCISE
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Advance rulings enable foreign investors to know in advance into certainty their indirect tax duty liability on production and manufacture of goods in India. |
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| 2. |
Relevant provisions for obtaining an advance ruling are contained in Chapter IIIA in the Central Excise Act, 1944; |
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| 2.1. | The Central Excise (Advance Rulings) Rules, 2002 notified vide notification Nos. 28/2002-C.E. (N.T.) dated 23rd August, 2002 and amended vide notification Nos. 59/2003-C.E. (N.T.) dated 23rd July, 2003 and notification Nos. 16/2007-C.E. (N.T.) dated 6th March, 2007 provide for the format to be used for filing application. | |
| 2.2. |
Procedure Regulations of the Authority (AARUL CESTAT) have also been notified vide notification No. 1/2005-AAR dated 7th Jan., 2005. |
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| 3. |
The scheme of Advance Rulings allows a non-resident investor setting up a joint venture in India in collaboration with a non-resident or a resident; or a resident setting up a joint venture in India in collaboration with a non-resident; or a wholly owned subsidiary Indian company, of which the holding company is a foreign company; or a joint venture in India; or a resident falling within any such class or category of persons as notified by the Government of India in this behalf , to seek in advance, a ruling from the Authority for Advance Rulings. |
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| 4. | Advance rulings can be sought in respect of - | |
| (a) |
Classification of goods under the Central Excise Tariff Act, 1985; |
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| (b) | Principles of valuation under the Central Excise Act, 1944; | |
| (c) |
Applicability, of notifications issued in respect of duties under the Central Excise Act, 1944 and Central Excise Tariff Act, 1985 and any duty chargeable under any other law for the time being in force in the same manner as duty of Central Excise leviable under the Central Excise Act. |
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| (d) |
Admissibility of input-tax credit under Central Excise law. |
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(e) |
Determination of the liability to pay duties of excise on any goods under this Act. |
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| 5. |
The relevant provisions are as follows;- |
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